Potier v Legal Aid Commission of New South Wales

The case of Potier v Legal Aid Commission of New South Wales involved a plaintiff who was serving sentences for serious indictable offences and sought leave to bring a claim for prerogative and declaratory relief. The plaintiff applied for legal aid to fund various criminal and civil appeals. The matter was heard in the Supreme Court of New South Wales. The plaintiff argued that the Legal Aid Commission's refusal to provide legal aid was unlawful and that they were entitled to the relief sought as a matter of right.

The primary legal issues that the court had to address were whether the plaintiff had established a prima facie case for the relief sought and whether the court should grant leave to institute the proceedings. The court needed to determine if there were any grounds upon which the plaintiff could succeed in the proposed proceedings, which would require the Commission to provide legal aid for the plaintiff's appeals.

In determining the application, the court examined the nature of the relief sought and the circumstances of the plaintiff. The court found that the plaintiff had not demonstrated a prima facie case for the relief sought. It was held that the plaintiff's entitlement to legal aid was a matter to be determined by the Legal Aid Commission in accordance with the criteria set out in the Legal Aid Act 1984 (NSW). The court concluded that the plaintiff had not shown any error or irregularity in the Commission's decision to refuse legal aid. Therefore, the application for leave to institute the proceedings was dismissed.